Supreme Court Endangered Frog Opinion Gives Federal Wildlife Agency Reason To Croak

Commentary, US Supreme Court /

Today’s unanimous Supreme Court opinion in Weyerhauser Co. v. U.S. Fish and Wildlife Service, No. 17-71, empowers federal courts to exercise greater scrutiny over how federal agencies administer the Endangered Species Act (“ESA”). Under the ESA, the Fish and Wildlife Service (“FWS”)—the Interior Department unit responsible for administering part of the ESA—must designate the “critical habitat” […]

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Supreme Court Should Restore Level Playing Field For Consumer Class Actions

All Amicus Briefs, Other Amicus Briefs, US Supreme Court /

As I reported in an earlier post, the Supreme Court has agreed to hear  Home Depot v. Jackson, No. 17-1471, a case that involves class-action fairness. On November 15 I filed on behalf of DRI-The Voice of the Defense Bar a merits-stage amicus curiae brief urging the Court to enforce the Class Action Fairness Act’s right to remove

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Herb Cohen Gets Personal With Larry Ebner On Executive Leaders Radio

News, Presentations /

Capital Appellate Advocacy founder Larry Ebner was recently interviewed by Herb Cohen, founder and host of Executive Leaders Radio — the #1 business radio show in the Mid-Atlantic States.  Each week the fast-paced show, which is broadcast on more than 40 terrestrial and internet radio stations, features lively, 8-minute interviews with business and professional  leaders.  The

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Supreme Court Will Review Unfair Class Action Tactic

Commentary, DRI, US Supreme Court /

Class actions are big business for the plaintiffs bar. Lawyers have a better chance of  pocketing enormous, disproportionate, attorney fee awards if they can litigate, or force settlement of, consumer class actions in plaintiff-friendly state courts. Congress enacted the Class Action Fairness Act (CAFA) in 2005 to help curb state-court class action abuses. One of

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The REAL Supreme Court Bar

Amicus Strategy & Procedure, Commentary, US Supreme Court /

Late last year the U.S. Supreme Court instituted a new electronic filing system. Among other things, anyone with a computer, tablet, or cell phone now can access newly filed petitions and briefs. Simply search the Court’s online docket for a particular case, click on its docket number, scroll through the hyperlinked docket entries, and read,

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Thinking Amicus

All Publications, Amicus Strategy & Procedure, Commentary, Published Articles /

Effective use of amicus curiae (“friend of the court”) briefs is an important part of appellate practice in federal and state courts.  Every lawyer who is handling or managing an appeal should “think amicus.”  In other words, think about whether submission of one or more amicus briefs would be helpful to your client’s position. Thinking

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Federal Appeals Court Extinguishes Burn Pit Litigation Against Combat-Zone Contractor

Commentary, Federal Courts of Appeals, US Supreme Court /

After almost a decade of jurisdictional discovery, pretrial motions, and appeals, the U.S. Court of Appeals for the Fourth Circuit has affirmed dismissal of the “Burn Pit” multidistrict personal injury litigation on the ground that it is barred by the political question doctrine. The litigation encompassed 63 separate complaints, including 44 putative nationwide class actions. 

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Recent Opinion Exemplifies SCOTUS Nominee Kavanaugh’s Lucid Legal Writing

Commentary, US Supreme Court /

The D.C. Circuit’s recent opinion in Federal Trade Commission v. Boehringer Ingelheim Pharmaceuticals, Inc., No. 16-53556 (June 19, 2018), illustrates Supreme Court nominee Brett Kavanaugh’s exceptionally clear writing style. Occupying only six pages, Judge Kavanaugh’s lucid opinion concisely summarizes and applies existing D.C. Circuit precedent—primarily his prior opinion in In re Kellogg Brown & Root, Inc.,

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lawrence ebner attorney member INBLF

Capital Appellate Advocacy Now a Member of INBLF

News /

I am pleased to announce that Capital Appellate Advocacy PLLC has been admitted to the International Network of Boutique & Independent Law Firms.  The INBLF  is a network of highly credentialed, single-discipline boutique law firms.  We are the INBLF’s only appellate litigation firm in Washington, D.C. From the INBLF website:  The INBLF is not an organization a

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